Tax, GST and company law glossary

Surcharge

An extra tax on high incomes, charged as a percentage of income tax.

In short

For individuals it is 10% above ₹50 lakh, 15% above ₹1 crore and 25% above ₹2 crore. The 37% rate above ₹5 crore applies only under the old regime.

What it means

Surcharge is an extra tax charged on people with high incomes. It is not charged on income directly. It is calculated as a percentage of the income tax payable, and health and education cess of 4% is then added on top of tax plus surcharge.

How it works

For individuals, HUFs and similar taxpayers, the surcharge rates depend on total income:

  • Above ₹50 lakh up to ₹1 crore: 10%

  • Above ₹1 crore up to ₹2 crore: 15%

  • Above ₹2 crore up to ₹5 crore: 25%

  • Above ₹5 crore: 37% under the old regime only. Under the new regime the maximum is 25%.

  • On dividends and on capital gains taxed at special rates (such as listed shares and equity mutual funds, and long-term capital gains), surcharge is capped at 15%.

Marginal relief: when income just crosses a threshold, the extra tax plus surcharge cannot be more than the income above that threshold. This prevents a small rise in income causing a large rise in tax.

Example

Vikram, a business owner, has taxable income of ₹60,00,000 under the new regime.

  1. Tax up to ₹24 lakh: ₹20,000 + ₹40,000 + ₹60,000 + ₹80,000 + ₹1,00,000 = ₹3,00,000.

  2. Tax on income above ₹24 lakh: ₹36,00,000 x 30% = ₹10,80,000.

  3. Income tax: ₹3,00,000 + ₹10,80,000 = ₹13,80,000.

  4. Surcharge at 10% (income above ₹50 lakh): ₹1,38,000.

  5. Marginal relief check: tax at exactly ₹50 lakh is ₹10,80,000. Extra tax for the additional ₹10 lakh of income is ₹15,18,000 - ₹10,80,000 = ₹4,38,000, which is less than ₹10,00,000, so no relief applies.

  6. Cess at 4% on ₹15,18,000: ₹60,720.

  7. Total tax: ₹15,78,720.

Key points to remember

  • Surcharge is based on total income, including capital gains, not only salary.

  • Cess is calculated after surcharge, not before.

  • High earners above ₹5 crore save significantly under the new regime because the rate is capped at 25%.

  • Always check marginal relief when income is just above ₹50 lakh, ₹1 crore, ₹2 crore or ₹5 crore.

  • Higher surcharge also increases advance tax instalments, so plan quarterly payments accordingly.

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